Border guards should be able to take DNA samples from suspects
Published: Wednesday, Mar 6th 2024, 18:10
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Border guards will now be able to order a DNA sample during identity checks. This was decided by the National Council as part of the new Customs Act. The left wing of the Council criticizes what it sees as a "massive expansion of powers".
With 119 votes in favor, 70 against and 2 abstentions, the Grand Chamber adopted a motion by SVP National Councillor Mauro Tuena (ZH) on Wednesday. According to the motion, the Federal Office for Customs and Border Security (FOCBS) should in future be able to take a non-invasive sample from a person and order the creation of a DNA profile in order to combat cross-border crime.
According to the new article of the law, this should be possible if there is concrete evidence to suggest that the person being checked may have committed a serious offense or crime punishable by a prison sentence of at least one year, or could commit such an offense. Employees of the FOCA who are authorized to apply police measures are authorized to order the creation of a DNA profile.
Left-wing motions have no chance
The National Council also decided that federal employees may carry weapons at the border if they may be exposed to particular threats. On this point, it followed the Federal Council's proposal.
According to a motion tabled by the left wing of the Council, BAZG employees should only be allowed to carry weapons if they are actually exposed to a potential threat in the course of their work. A fundamental expansion of weaponry is "not justified and not in line with requirements", said Kilian Baumann (Greens/BE).
The SP and Greens failed - sometimes with and sometimes without the support of the GLP - with further motions to restrict the powers of the Border Guard. "We must not turn the Border Guard into a super police force," warned Balthasar Glättli (Greens/ZH).
"Blackmail by the cantons"
Karin Keller-Sutter, the Finance Minister responsible for customs, pointed out that the bill was not about extending the powers of the BAZG. The responsibilities of the Border Guard would be regulated more clearly and unambiguously while maintaining cantonal competencies.
In fact, the large chamber consistently followed the proposals of a working group set up by the federal government, which took up the concerns of the cantons. Marionna Schlatter (Greens/ZH) spoke of "blackmail by the cantons". However, the conservative majority in the National Council took a different view.
A motion by the SVP to enshrine systematic controls at the country's borders in law also failed. Parliamentary group leader Thomas Aeschi announced that his party would soon be launching a popular initiative on the subject. "We must restore the rule of law and enforce the legal order," he said.
Customs reform could gain majority support
The decision that customs and border guard employees should work more closely together in future had caused uncertainty among employees. With external mediation, a federal and cantonal working group cleared up various misunderstandings: There are to be clear responsibilities in the areas of security and law enforcement.
The SVP, FDP and Center Party are now largely behind the customs reform. Towards the end of the consultations, for example, it is still unclear whether the intelligence service should be given unrestricted access to customs and border security data. The Data Protection Commissioner and the responsible commission reject this.
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